TUPE Headache!

[amalee]

Don't shoot the messenger but we have a situation here!!

Boss has taken on a new cleaning contract and the management company who bought from an existing company, have got themselves in a pickle. A cleaner who has worked with the previous co for the last 5 years was not put through TUPE! Now she is putting a claim against us and the management co although we did give her the job after further legal discussions. She resigned and taking actions. Can someone put me in the right directions for this legal issue. Where can I find some legal info on how we can sort this mess out. Boss is out and asked me to deal with it.

I've searched on the web but there's so much out there and its all about the transfer but not about the disputes.

thanks

[woofgang]

Have you talked to ACAS? They aren't only for employees. If it was oversight and not malice then i am sure they would be helpful

[amalee]

I found Business Link to be useful with info and have informed the boss to maybe contact ACAS himself. Thanks

[buildersmate]

Please could you be clearer on the situation.
The cleaner was employed by which company?
Your boss then took over another company that included this cleaner?
But she wasn't offered a job? - initially - but then she was?
So she was given an employment contract, but instead of starting work she resigned. Then what? - does her letter of resignation state that she is claiming constructive dismissal? What notification have you had that she is 'taking actions'.

[buildersmate]

Ah well. Another pointless post. Absolutely zero response from the OP.

[amalee]

Buildersmate, this is not a pointless post and this is an ongoing issue but have left it with the boss to look into Business Link. I haven't managed to get on here as I have other things to deal with.

I don't think the cleaner knows what she wants to do herself and we are trying to make sure that all is OK with us everyone.

Just to reiterate,

The cleaner was employed by another cleaning company and the new management company decided to use our company for the cleaning. As far as I can work out the management didn't want to have the cleaner which I know is wrong and the boss should have been more forceful on the TUPE. We took on a new cleaner. The other cleaner told she didn't have a job via text and contacted us. We offered the job back but she decided to resign. Since then she now wants to claim against both the management and us. I don't know any more of the outcome now but appreciate your interest in this and if I do I shall let you know. So please don't say that I'm a time waster. This is all new to me!!